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Terms of Service

Effective Date: July 1, 2009

Last Updated: August 2009

Welcome to learnthelowend.com, operated by Learn The Low End, LLC ("Learnthelowend", "Learn The Low End", "we" or "us"). Please read this document carefully before accessing or using the learnthelowend.com website.

YOUR ACCESS OR OTHER USE OF THE LEARNTHELOWEND WEBSITE OR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE SET FORTH BELOW.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR USE THE LEARNTHELOWEND SITE OR SERVICES AND SHOULD EXIT IMMEDIATELY.

The following Terms of Service contain the terms and conditions that govern your use of the Website (as defined below) as well as the Services and Products. In addition  If you do not agree to all of the TOS you may not use the Website. By using and purchasing the products and services offered on or through the Learnthelowend Site you are agreeing to the terms and conditions listed below ("Terms of Service" or "TOS"). We reserve the right, at our discretion, to change, modify and or remove portions of these Terms of Service at any time. This page will always feature the most current Terms of Service indicated by the "Last Updated" legend at the top of the Terms of Service page.

Your Acceptance

  1. By using and/or visiting this website (collectively, including all content and functionality available through the Learnthelowend.com domain name (including http://www.learnthelowend.com, http://learnthelowend.com, http://learnthelowend.prfessor.com or redirection from http://learnthelowend.org or http://learnthelowend.net (collectively the "Website" or "Learnthelowend Website")) you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)Learnthelowend's privacy notice found at http://learnthelowend.com/privacy and incorporated here by reference.
  2. The most up-to-date version of the Terms of Service are published at http://learnthelowend.com/terms. Learnthelowend may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Learnthelowend Website

  1. These Terms of Service apply to all users of the Learnthelowend Website, including users who are also contributors of video content, information, and other materials or services on the Learnthelowend Site. The Learnthelowend Website includes all aspects of Learnthelowend, including but not limited to all products, materials, information and services offered via the Website.
  2. The Learnthelowend Website may contain links to third party websites that are not owned or controlled by Learnthelowend. Learnthelowend has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve Learnthelowend from any and all liability arising from your use of any third-party website. Learnthelowend would encourge you to be aware and read the terms and conditions and privacy policy of each other website you visit.

Learnthelowend Student and Professor Accounts

  1. To use the features of the Learnthelowend Website you must register and account as a Student and/or Professor. You agree that Learnthelowend user names are the property of Learnthelowend, LLC, and we reserve the right, in our sole discretion, to change, remove or replace any username for any reason. We may refuse to grant you, and you may not use, a Learnthelowend student or professor username that is already being used by someone else; that may be construed as impersonating another person; that is offensive; that belongs to another person; that violates the intellectual propery or other rights of any person; or that we reject for any other reason in our sole discretion.
  2. You may never use another person's student account without permission. When you create your student account you must provide accurate and complete information. You are solely responsible for the for the activity that occurs on your account, and you must keep your account password secure. You must notify Learnthelowend immediately of any breach of security or unauthorized use of your account. Learnthelowend reserves the right to terminate student accounts at any time without prior notice and at its sole discretion
  3. You may apply to be a professor at any time through the Learnthelowend Website. Professors are created after passing an application process involving the submission of a sample lesson after email contact. Learnthelowend reserves the right to terminate professor accounts at any time without prior notice and at its sole discretion.
  4. All lessons must be approved by Learnthelowend administrators before being published on the site. Learnthelowend reserves the right to refuse publication of any lesson at its sole discretion. The course price and commission are both set by Learnthelowend and while we will try to notify you of changes we reserve the right to change the commission or price at any time without prior notification.
  5. By creating a student or professor account you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
  6. Although Learnthelowend will not be liable for your losses by any unauthorized use of your account, you may be liable for the losses of Learnthelowend or other due to such unauthorized use.

General Use of the Website - Permission and Restrictions

  1. You agree not to distribute in any medium any part of the Website, including but not limited to the Courses and Lessons  without Learnthelowend's prior authorization. Courses and Lesson are published and unpublished collections of Content including any media, video, audio, graphic, text, intellectual property or material, created and compiled by Professors.
  2. You agree not to alter or modify any part of the Learnthelowend Website. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Learnthelowend servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Learnthelowend grants the operators of public search engines permission to use spiders to copy material from the site for the sole purpose of an solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives or such materials. Learnthelowend reserves the right to revoke these exceptions either generally or in specific cases.
  3. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email, message boards) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users (both students and professors) of the Website with respect Courses and Lessons.
  4. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, Community Guidelines, and all applicable local, national and international laws and regulations.
  5. Learnthelowend reserves the right to discontinue any aspect of the Learnthelowend Website at any time.

Your Use of the Content on the Website

  1. Content on the Website is provided to you AS IS in the Courses and Lessons for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Learnthelowend reserves all rights not expressly granted in and to the Website and Content, Courses and Lessons.
  2. You may access Courses and Lessons for your information and personal use solely as intended through the provided functionality of the Learnthelowend Website. You shall not copy or download any Courses, Lessons or Content unless you see a "download" or similar link displayed by Learnthelowend on the Learnthelowend Website for that specific Content.
  3. Message boards and Comments sections are made available for your information and personal user solely as intended through the normal functionality of the Learnthelowend Website. Student and Professor comments are made AS IS and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes not intended by the normal functionality of the Website or otherwise as prohibited in these Terms of Service.
  4. You may access the Course and Lesson on the Website only as permitted under these Terms of Service. Learnthelowend reserves all rights not expressly granted in and to the Learnthelowend Content and the Website.
  5. You agree to not engage in the use, copying, or distribution of any of the Courses and Lessons, including any use, copying, or distribution of third parties obtained through the Website for any commercial purposes.
  6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copy of any Course and Lessons or enforce limitations on the use of the Learnthelowend Website or the Content therein.
  7. You understand that when using the Learnthelowend Website, you will be exposed to media from a variety of sources and from the perspectives of individual professors. Learnthelowend is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Lessons, Courses, messages or Content. You further understand and acknowledge that you may be exposed to Course and Lessons that are inaccurate, offensive, indecent , or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Learnthelowend with respect thereto, and agree to indemnify and hold Learnthelowend, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Submissions and Conduct

  1. As a Learnthelowend Professor you can submit content to create Lessons and Courses and included messages. This content may be video, audio, graphics or text collectively referred to as "Lessons" which make up "Courses." Courses also contain "messages," all Courses Lessons and messages may be collectively referred to as "Content." As a Professor you understand that whether or not such Lessons are published, Learnthelowend does not guarentee any confidentiality with respect to any Content.
  2. As a Learnthelowend Professor you shall be solely responsible for your own Lessons and the consequences of posting or publishing them. In connection with Lessons and Courses, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permission to use and authorize Learnthelowend to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Lessons to enable inclusion and use of the Lessons in the manner contemplated by the Website and these Terms of Service.
  3. As a Learnthelowend Professor you retain all of your ownership rights in your Lessons and Courses. However, by submitting the Lesson and included content for publication you hereby grant Learnthelowend a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Lessons and Courses in connection with the Learnthelowend Website and Learnthelowend's (and its successor and affiliates') business, including without limitation for promoting and distributing part of the Learnthelowend Website (and derivative works thereof) in any media format and through any media channels.
  4. In connection with your Courses and Lessons you agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grand Learnthelowend all of the license rights granted therein.
  5. You further agree that you will not, in connection with your Courses or Lessons, submit material that is contrary to the courses in the Community Guidelines.
  6. Learnthelowend does not endorse any Lessons, Courses or opinion, recommendation, or advice expressed therein, and Learnthelowend expressly disclaims any and all liability in connection with Lesson, Courses and other posted Content including messages and interactions between professors and students. Learnthelowend does not permit copyright infringing activities and infringement of intellectual property rights on its Website and Learnthelowend will remove all Content, Courses and Lessons if properly notified that such Content , Courses or Lessons infringes on another's intellectual property rights. Learnthelowend reserves the right to remove Content Courses and Lessons without prior notice.

Termination of Accounts, Adjustment to Commissions and Removal of Material

  1. Learnthelowend will disable a Course if it is not in compliance with these Terms of Service. This may happen without prior notice. Furthermore repeat infringers will have their professorship status revoked and be unable to create new Content. Furthermore, past Courses and Lessons posted by a removed professor may be left on the Website however without professorship status no commissions will be granted.
  2. Learnthelowendreserves the right to decide whether or Content or a Course or Lesson is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or of no practical relevance to the mission of Learnthelowend. Learnthelowend may remove such Content, Courses or Lessons and/or terminate a professor's or student's account for posting such material in violation of these Terms of Service at any time without prior notice and at its sole discretion.
  3. The commission percentage for any Lesson with any professor is subject to change, increasing or decreasing, at any time. Learnthelowend reserves the right to do this without prior notice, consent from the affected professor and at its sole discretion. Commission increases may be made with the submission of teaching or professional performance credentials or a dramatic increase in student enrollment to be determined by Learnthelowend. Commission decreases may occur due to a decrease in student enrollment, inactivity by the professor or a professor not responding in a timely manner (generally 48 hours) to a student question.
  4. Courses will not be removed from Learnthelowend. Courses can be disabled and not publicly available, but once material is submitted it will be retained for an indefinite period of time on the Website. Learnthelowend reserves the right to enable Courses for student enrollment without providing commissions to a professor if his/her professor account has been terminated for non-compliance with these Terms of Service.

Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any Course, Lesson or Content infringes upon your copyrights, you may contact admin@learnthelowend.com with "Copyright Infringement Notice" in the subject line to submit a notification pursuant to the Digital Millennium Copyright Act ("DCMA"). You will be contacted and required to submit the following information in writing (see 17. U.S.C 511(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusives right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works within that site; Identification of the  material that is claimed to be infringing or to be the subject of infringing activity and that is be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contract you, such as an address, telephone number and electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and; A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this section of the Terms of Service you DMCA notice may not be valid.
  2. Counter-Notice: if you believe your Course Lesson or Content that was removed or disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Course, Lesson or Content, you may send a notification to admin@learnthelowend.com with "Copyright Counter-Notice" in the subject line. You will be contacted and required to submit the following information: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a results of mistake or a misidentification of the content, and; Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Cleveland, Ohio, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  3. If a counter-notice is received, Learnthelowend may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files and action seeking a court order against the content provider (the professor or student), the removed content may be replaced, or access ot it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Learnthelowend's sole discretion.
  4. Learnthelowend is in no way responsible for the behavior of, or Courses, Lessons or Content posted by, professors or students. In the event of a Copyright infringment notice the material in question will be disabled with proper documentation. Learnthelowend will in no way act as an intermediary between the involved parties and has no legal affiliation with the Content in question or the potentially offending professor or student. Learnthelowend reserves the right to disable Courses or Lessons and terminate a professor and/or student account due to the accusation of copyright infringement without prior notice at its sole discretion.

Warranty Disclaimer and Limitation of Liability

  1. WARRANTY DISCLAIMER: YOU AGREE THAT YOUR USE OF THE LEARNTHELOWEND WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LEARNTHELOWEND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LEARNTHELOWEND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OF THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTS FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LEARNTHELOWEND WEBSITE. LEARNTHELOWEND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LEARNTHELOWEND WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LEARNTHELOWEND WILL NOT BE A PARTY TO OR IN ANY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OF SERVICE THROUGH ANY MEDIEUM OR IN ANY ENVIRONMENT, YOU SHOULD USER YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  2. LIMITATION OF LIABILITY: IN NO EVENT SHALL LEARNTHELOWEND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOUR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTS FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF  CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTS FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(IV) ANY INTERRUPTION OF CESSATION OF TRANSMISSION TO OR FROM OUT WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OF DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LEARNTHELOWEND WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  3. YOU SPECIFICALLY ACKNOWLEDGE THAT LEARNTHELOWEND SHALL NOT BE LIABLE FOR COURSES, LESSONS OR CONTENT SUBMITTED BY PROFESSORS OR STUDENTS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  4. The Learnthelowend Website is controlled and offered by Learnthelowend from the United States of America. Learnthelowend makes no representations that the Learnthelowend Website is appropriate or available for use in other locations. Those who access or use the Learnthelowend Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

  1. You agree to defend, indemnify and hold harmless Learnthelowend, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Learnthelowend Website; (ii) You violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Courses, Lessons, or Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Learnthelowend Website.

Purchase and Refund Policy

  1. Purchases are processed through Authorize.net and all students and professors who use the Learnthelowend Webiste are subject to the Terms and Conditions set forth by Authorize.net.
  2. The purchase of a Course or Lesson grants a student access to that Course of Lesson on the Learnthelowend Website. The student is not purchasing any rights or privileges in regard to the Course or Lesson other than to access the Content for their own educational pursuits. Course or Lesson Content may not be distributed, copied, duplicated or otherwise transferred by the student to other students, other professors or onto other websites.
  3. ALL SALES ARE CONSIDERED FINAL. Learnthelowend takes no responsibility for accidental purchases or errant transactions. Furthermore by purchasing access to a Course Lesson or Content you affirm that you are the sole owner of the transacted credit card used in making the purchase.

Ability to Accept Terms of Service and Assignment

  1. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Learnthelowend Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Learnthelowend Website.
  2. Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned to you, but may be assigned by Learnthelowend without restriction.

General

  1. You agree that: (i) the Learnthelowend Website shall be deemed solely based in Ohio; and (ii) the Learnthelowend Website shall be deemed a passive website that does not give rise to personal jurisdiction over Learnthelowend, either specific or general, in jurisdictions other than Ohio. These Terms of Service shall by governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and Learnthelowend that arises in whole or in part from your use of the Learnthelowend Website shall be decided exclusively by a court of competent jurisdiction located in Cuyahoga Country, Ohio.These Terms of Service, together with the Privacy Notice at http://learnthelowend.com/privacy and any other legal notices published by Learnthelowend on the Website, shall constitute the entire agreement between you and Learnthelowend concerning the Learnthelowend Website.
  2. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
  3. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Learnthelowends' failure to assert any right of provision under these Terms of Service shall not consititute a waiver of such right of provision.
  4. Learnthelowend reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Learnthelowend Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LEARNTHELOWEND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LEARNTHELOWEND WEBSITE MUST COMMENCE WITHIN SIX (6) WEEKS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.